Sec. 4. ESTABLISHMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM

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## SEC. 4 ESTABLISHMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM **[**[16 U.S.C. 3503](/us/usc/t16/s3503)**]** ###

(a)Establishment There is established the John H. Chafee Coastal Barrier Resources System, which shall consist of those undeveloped coastal barriers and other areas located on the coasts of the United States that are identified and generally depicted as System units or Otherwise Protected Areas— ####

(1)on the maps on file with the Secretary entitled “Coastal Barrier Resources System”, dated October 24, 1990; ####

(2)on a map described in section 201(b) of the Bolstering Ecosystems Against Coastal Harm Act; or ####

(3)on a map described in paragraph

(1)or

(2)as such map may be replaced, modified, revised, or corrected under— #####

(A)subsection (f)(3); #####

(B)section 4 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note); or #####

(C)any other provision of law enacted on or after November 16, 1990, that specifically replaces or authorizes the modification, revision, or correction of such a map.1 1The following provisions of law enacted on or after November 16, 1990, specifically directed the Secretary of the Interior to make technical revisions and corrections to maps relating to particular units of the John H. Chafee Coastal Barrier Resources System: Unit DE–03P, Delaware: Pub. L. 106–128, section 1, Dec. 6, 1999, 113 Stat. 1652. Units NC–03P and L03, North Carolina: Pub. L. 106–116, section 1 (113 Stat. 1544), Nov. 29, 1999 Unit SC–03, South Carolina: Pub. L. 105–277, div. A, section 101(e), title I (112 Stat. 2681–238), Oct. 21, 1998 Units FL–35P and FL–35, Florida: Pub. L. 105–277, div. A, section 101(e), title I (112 Stat. 2681–238), Oct. 21, 1998 Unit M09, South Carolina: Pub. L. 105–277, division A, section 101(e), title I, section 134 (112 Stat. 2681–264), Oct. 21, 1998 Units P04A, P05/P05P; P05A/P05AP, FL–06P; P10/P10P; P11; P11AP; P11A; P18/P18P; P25/P25P; P32/P32P, Florida: Pub. L. 105–277, division A, section 101(e), title III, section 335 (112 Stat. 2681–295), Oct. 21, 1998 Units P05, P05A, P10, P11, P11A, P18, P25, P32, P32P, Florida: Pub. L. 104–333, division I, title II, section 220 (110 Stat. 4115), Nov. 12, 1996 Unit SC–01, South Carolina: Pub. L. 104–265, title II, section 201 (110 Stat. 3289), Oct. 9, 1996 Unit NY-59P, New York: Pub. L. 104–148, section 2 (110 Stat. 1378), May 24, 1996 Units AL-01P, FL-05P, P11A, P17, P17A, P18P, P19P, FL-15, FL-95P, FL-36P, P31P, FL-72P, MI21, NY75, and VA62P, Alabama, Florida, Michigan, New York and Virginia: Pub. L. 103–461, section 1(a),

(b)(108 Stat. 4804), Nov. 2, 1994 Units NC–01P, NC–05P, VA–59P, VA–60P, North Carolina and Virginia: Pub. L. 102–440, title III, section 303 (106 Stat. 2234), Oct. 23, 1992 ###

(b)System Maps #### (1)2 In general The Secretary shall keep the maps referred to in subsection

(a)on file and available for public inspection in the Office of the Director of the United States Fish and Wildlife Service, and in such other offices of that service as the Director considers appropriate. ####

(2)Digital maps #####

(A)Availability The Secretary shall make available to the public on the Internet web site of the United States Fish and Wildlife Service digital versions of the maps included in the set of maps referred to in subsection (a). #####

(B)Effect Any determination as to whether a location is inside or outside the System shall be made without regard to the digital maps available under this paragraph, except that this subparagraph does not apply with respect to any printed version of such a digital map if the printed version is included in the maps referred to in subsection (a). #####

(C)Report No later than 180 days after the date of the enactment of the Strengthening Coastal Communities Act of 2018, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report regarding the progress and challenges in the transition from paper to digital maps and a timetable for completion of the digitization of all maps related to the System. 2A second paragraph

(2)is so in law. Similar and identical amendments were made by section 3 of Public Law 115–358 and section 7003(b) of Public Law 116–9. The amendment by section 7003(b)(1) of Public Law 116–9 was not carried out to the above. #### (2)2 Digital maps #####

(C)Report No later than 180 days after the date of the enactment of John D. Dingell, Jr. Conservation, Management, and Recreation Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report regarding the progress and challenges in the transition from paper to digital maps and a timetable for completion of the digitization of all maps related to the System. ###

(c)Boundary Review and Modification At least once every 5 years, the Secretary shall review the maps referred to in subsection

(a)and shall make, in consultation with the appropriate State, local, and Federal officials, such minor and technical modifications to the boundaries of System units as are necessary solely to reflect changes that have occurred in the size or location of any System unit as a result of natural forces. ###

(d)Additions to System The Secretary may add a parcel of real property to the System, if— ####

(1)the owner of the parcel requests, in writing, that the Secretary add the parcel to the System; and ####

(2)the parcel is an undeveloped coastal barrier. ###

(e)Addition of Excess Federal Property ####

(1)Consultation and determination Prior to transfer or disposal of excess property under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) that may be a coastal barrier, the Administrator of General Services shall consult with and obtain from the Secretary a determination as to whether and what portion of the property constitutes a coastal barrier. Not later than 180 days after the initiation of such consultation, the Secretary shall make and publish notice of such determination. Immediately upon issuance of a positive determination, the Secretary shall— #####

(A)prepare a map depicting the coastal barrier portion of such property; and #####

(B)publish in the Federal Register notice of the addition of such property to the System. ####

(2)Effective date of inclusion An area to be added to the System under this subsection shall be part of the System effective on the date on which the Secretary publishes notice in the Federal Register under paragraph (1)(B) with respect to that area. ###

(f)Maps The Secretary shall— ####

(1)keep a map showing the location of each boundary modification made under subsection

(c)and of each parcel of real property added to the System under subsection

(d)or

(e)on file and available for public inspection in the Office of the Director of the United States Fish and Wildlife Service and in such other offices of the Service as the Director considers appropriate; ####

(2)provide a notification of the availability of the map to— #####

(A)the State and unit of local government in which the property is located; #####

(B)the Committees; and #####

(C)the Federal Emergency Management Agency; and ####

(3)revise the maps referred to in subsection

(a)to reflect each boundary modification under subsection

(c)and each addition of real property to the System under subsection

(d)or (e), after publishing in the Federal Register a notice of any such proposed revision. ###

(g)Guidelines for Certain Recommendations and Determinations ####

(1)In general In making any recommendation to the Congress regarding the addition of any area to the System or in determining whether, at the time of the inclusion of a System unit within the System, a coastal barrier is undeveloped, the Secretary shall consider whether within the area— #####

(A)the density of development is less than 1 structure per 5 acres of land above mean high tide; and #####

(B)there is existing infrastructure consisting of— ######

(i)a road, with a reinforced road bed, to each lot or building site in the area; ######

(ii)a wastewater disposal system sufficient to serve each lot or building site in the area; ######

(iii)electric service for each lot or building site in the area; and ######

(iv)a fresh water supply for each lot or building site in the area. ####

(2)Structure defined In paragraph (1), the term “**structure**” means a walled and roofed building, other than a gas or liquid storage tank, that— #####

(A)is principally above ground and affixed to a permanent site, including a manufactured home on a permanent foundation; and #####

(B)covers an area of at least 200 square feet. ####

(3)Savings clause Nothing in this subsection supersedes the official maps referred to in subsection (a).

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